BURMA/MYANMAR: Police tortured 13-year-old in custody, case is stalled

ASIAN HUMAN RIGHTS COMMISSION -- URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-119-2014

August 27, 2014 

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BURMA/MYANMAR: Police tortured 13-year-old in custody, case is stalled

ISSUES: Impunity, Judicial system, Police violence, Torture

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that in July 2013 the police from Myaung Mya Township Police Station tortured a then 13-year-old boy accused of murder. They detained him for one month, tortured him, and sent him to court with documents that incorrectly stated his age. He was granted bail after court found that he was underage, but the case is still pending in Juvenile Court.

CASE NARRATIVE:

(Photo credit: Salai Thant Sin / The Irrawaddy)

Soe Lin, is unable to walk  without assistance because of torture by police personnel in Myaung Mya Township Police Station. On 23 July 2013, U Kyaw Wai, was murdered in the Aung Pan salt factory where he worked. Soe Lin and his father were accused of murdering the man and were arrested that day. A few days later the police also arrested, Soe Lin's Mother and 9-year-old sister were also taken to the police station for interrogation. The mother and daughter remained in custody for two days.

Meanwhile, for almost three weeks, Soe Lin and his father weren't allow to meet with family or any relatives. In all, the police detained Soe Lin and his father for one month without warrant or court order. The police interrogated Soe Lin in custody and attempted to get him to admit that he killed the man. He denied killing anybody, talking with the man, or visiting his house. After asking for three days he maintained his innocence, so they started torturing him.

They methods of torture used on the boy included using a lighter to burn his face around his eyes, burning his fingers with a cigarettes causing his fingernails to fall off, forcing him to kneel on coarse gravel for an extended period of time, denying him food and water, holding his head underwater, and various beatings that eventually caused bleeding from his ear and blood in his urine. This torture continued for a month and was conducted at least in part by Township Police Commander Inspector Kyawt Han. As a result, the victim is having difficulty breathing, walking, and relieving himself.

When the Inspector Kyawt Han filed the case against Soe Lin, he wrote the boy's age as 16 even he knew that the boy's was 13 years old. However, during the hearing in court, the headmaster of boy's primary school came to court to prove boy's real age: 13 years and 10 months old. Because the boy is a minor, the case was transferred to a juvenile court in Ein-me Township and he has been released on bail.

The boy can't even stand on his own. According to his clinic doctor, it is due pain in his lower vertebra and pelvis. However, the doctor said that the government should provide medical treatment at a hospital for the boy because he was harmed in custody. However, the government has not offered any such treatment.

It is clearly say in Child Law 1993 that "when arresting a child accused of having committed an offence: [law enforcement] shall not handcuff the child or tie [the accused] with a rope; shall not keep the child together with adult prisoners; shall not maltreat or threaten the child; [and] shall send up the arrested child to the relevant juvenile court as soon as possible."

In addition, due process requires the right to a speedy trial. In a case such as this one it is a violation of such rights to hold the accused indefinitely without resolving the legal issues.In this case, the police did not respect any of these laws. The case is still stalled at trial.

BACKGROUND INFORMATION:

In Burma, torture is widespread in police stations, where it most commonly takes the form of beatings and other methods intended to cause pain and obtain a confession. In normal criminal cases like murder, rape, and robbery, police have to take immediate action and give a report to the higher authorities promptly, so they usually look for an easy target and use torture to get a confession or otherwise make the detainee do what they want.

Torture is not a criminal offence in Burma and police are rarely held to account for the abuses committed on detainees in their custody. A member of parliament in March 2013 made a statement on the need for a law against torture and for Burma to join the UN Convention against Torture, but the government has not taken any further action.

For many more cases and issues concerning human rights in Burma, visit the AHRC's country homepage: http://www.humanrights.asia/countries/burma

SUGGESTED ACTION:

Please write a letter to the following government authorities to urge that all those responsible for the torture of Soe Lin be prosecuted and investigated, and that he be afforded a reasonable and swift conclusion to the case still pending against him.

Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar.

Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; on torture, on independence of judges and lawyers; UNICEF Myanmar; and, the regional office in Bangkok, calling for their interventions into this matter.

SAMPLE LETTER:

Dear ..............................,

MYANMAR: Police tortured 13-year-old in custody, case is stalled

Names of victims: Soe Lin, now 14 years old

Residents of Nawaday Road, Myayatana Quarter, Myaung Mya Township, Ayeyawaddy Region,Myanmar

Names of perpetrators:

Police Inspector Kyawt Han

Other police personnel from Myaung Mya Police Station

Date of incident: 23 July 2013 (date of arrested) to present

Place of incident: Myaung Mya Township Police Custody, Ayeyawaddy Region, Burma

I am upset to hear that Soe Lin, is unable to walk without assistance because of torture by police personnel in Myaung Mya Township Police Station. On 23 July 2013, U Kyaw Wai, was murdered in the Aung Pan salt factory where he worked. Soe Lin and his father were accused of murdering the man and were arrested that day. A few days later the police also arrested, Soe Lin's Mother and 9-year-old sister were also taken to the police station for interrogation. The mother and daughter remained in custody for two days.

Meanwhile, for almost three weeks, Soe Lin and his father weren't allow to meet with family or any relatives. In all, the police detained Soe Lin and his father for one month without warrant or court order. The police interrogated Soe Lin in custody and attempted to get him to admit that he killed the man. He denied killing anybody, talking with the man, or visiting his house. After asking for three days he maintained his innocence, so they started torturing him.

They methods of torture used on the boy included using a lighter to burn his face around his eyes, burning his fingers with a cigarettes causing his fingernails to fall off, forcing him to kneel on coarse gravel for an extended period of time, denying him food and water, holding his head underwater, and various beatings that eventually caused bleeding from his ear and blood in his urine. This torture continued for a month and was conducted at least in part by Township Police Commander Inspector Kyawt Han. As a result, the victim is having difficulty breathing, walking, and relieving himself.

When the Inspector Kyawt Han filed the case against Soe Lin, he wrote the boy's age as 16 even he knew that the boy's was 13 years old. However, during the hearing in court, the headmaster of boy's primary school came to court to prove boy's real age: 13 years and 10 months old. Because the boy is a minor, the case was transferred to a juvenile court in Ein-me Township and he has been released on bail.

The boy can't even stand on his own. According to his clinic doctor, it is due pain in his lower vertebra and pelvis. However, the doctor said that the government should provide medical treatment at a hospital for the boy because he was harmed in custody. However, the government has not offered any such treatment.

It is clearly say in Child Law 1993 that "when arresting a child accused of having committed an offence: [law enforcement] shall not handcuff the child or tie [the accused] with a rope; shall not keep the child together with adult prisoners; shall not maltreat or threaten the child; [and] shall send up the arrested child to the relevant juvenile court as soon as possible."

In addition, due process requires the right to a speedy trial. In a case such as this one it is a violation of such rights to hold the accused indefinitely without resolving the legal issues.In this case, the police did not respect any of these laws. The case is stalled at trial.

Therefore, I urge the government to intervene in this case and to prosecute the Police Inspector Kyawt Han and police personnel from Myaung Mya Township Police Station who tortured the child under both the Myanmar Police Force Maintenance of Discipline Law and Criminal Law.

I look forward to your positive and effective response in this case.

Yours sincerely,

..............................

PLEASE SEND YOUR LETTERS TO:

1. Lt-Gen. KoKo

Minister for Home Affairs

Ministry of Home Affairs

Office No. 10

Naypyidaw

MYANMAR

Tel: +95 67 412 079

Fax: +95 67 412 439

2. U TheinSein

President of Myanmar

President Office

Office No. 18

Naypyidaw

MYANMAR

3. U TunTunOo

Chief Justice

Office of the Supreme Court

Office No. 24

Naypyitaw

MYANMAR

Tel: + 95 67 404 080

Fax: + 95 67 404 059

4. Dr. Tun Shin

Attorney General

Office of the Attorney General

Office No. 25

Naypyitaw

MYANMAR

Tel: +95 67 404 088

Fax: +95 67 404 146

5. U KyawKyawHtun

Director General

Myanmar Police Force

Ministry of Home Affairs

Office No. 10

Naypyitaw

MYANMAR

Tel: +95 67 412 079

Fax: +951 549 663

6. Thura U AungKo

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Pythu Hluttaw Office

Naypyitaw

MYANMAR

7. U Aung Nyein

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Committee for Public Complaints and Appeals

Office of the Amyotha Hluttaw

Naypyitaw

MYANMAR

8. U Win Mra

Chairman

Myanmar National Human Rights Commission

27 Pyay Road

Hlaing Township

Yangon

MYANMAR

Tel: +95-1-659 668

Fax: +95-1-659 668

9. DawAung San SuuKyi

Chairperson

Pyithu Hluttaw Rule of Law and Tranquility Committee

Office of the Pyithu Hluttaw

Naypyitaw

MYANMAR

 

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)